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Dixons Retail: VAT on fraudulent card transactions

Adam Rycroft and Amanda Brown review the CJEU decision in the Dixons Retail case concerning VAT on fraudulent card transactions, and consider the wider impact of the court's underlying approach whereby transactions are taxed in accordance with their economic rather than legal analysis.

This article explains the arguments that Dixons (now known as DSG Group) put to the CJEU in the case of Dixons Retail PLC v HMRC (C-494/12) and how they have been dealt with by the court. It also considers whether the approach taken by the CJEU represents a development in the law and if so where that development might take us.

The facts

The case concerned the application of VAT to fraudulent credit and...

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